Let the Capitulation Begin

There are seven reasons for anyone to support the eventual nominee no matter who it is: The war and six Supreme Court justices over the age of 68.

The first of the reasons is potent, but not necessarily because I think McCain will fight the war effectively, as his understanding of the "soft" warfare tactics of this conflict against Islamic extremists, the use of intelligence, surveillance, and interrogation, are sorely lacking. It is potent because our men and women in uniform deserve a CinC who respects them and can identify with their calling.

I believe the Supreme Court argument is a much weaker one. McCain states that he will appoint judges like Roberts and Alito. That's all well and good, but Joe Biden and Ted Kennedy will not accept another Roberts or Alito as a replacement for Justice Stevens or Justice Ginsberg; they will not readily acquiesce in clearing the way for the fifth justice needed to overturn Roe v. Wade. They will put up firm resistance to the appointment of any more originalist judges.

Here's the question - will President McCain fight for such a nominee? Will he initiate a confrontation with Joe Biden and Ted Kennedy and the other liberals on the Judiciary committee? I'm afraid the answer to that question is No. That is not the McCain way when it comes to dealing across the aisle with Democrats, and there is no reason to believe that he will change his approach as President.

The most likely scenario is that a President McCain will seek out a consensus nominee that avoids the confrontation and rancor that has been so much a part of the confirmation process. He will want to "change the tone". It is at least an even bet that McCain will consult with Biden and Kennedy before selecting a nominee. There is little chance that you will see a Janice Rogers Brown nomination, or a Michael Luttig nomination.

You cannot trust McCain to fight for the confirmation of a truly originalist Justice; his whole political persona is wrapped up in reaching across the aisle to Democrats in order to avoid partisan confrontation. Given McCain's record, it is highly likely that his nominees will have "bipartisan" support, ie. they will be acceptable to Ted Kennedy. And to say the least, that's not much of a reason to support the McCain candidacy. Until I see that John McCain is willing to butt heads with his liberal buddies in the Senate, I'll assume that his assurances regarding the Supreme Court are just empty rhetoric.